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2004 Supreme(All) 165

S.N.SRIVASTAVA
HAJERI LAL SAHU – Appellant
Versus
STATE OF U. P – Respondent


Advocates Appeared:
B.N.YADAV

S. N. SRIVASTAVA, J.


( 1 ) PETITIONER has assailed the order dated 20th Dec. , 1999 passed by stamp Authority, Kaushambhl and also the revislonal order passed in revision preferred against the said order dated 3-6-2003.

( 2 ) FACTS forming background to the challenge are that petitioner purchased Plot No. 117 admeasuring 11 Biswas 19/25 Dhoor situated in village Jodhlilwar Pargana and tahsil Chail district Kaushambhi and Plot no. 330 admeasuring 3 Biswas, 9, 1/10 dhoor situated in village Faridpur Sulempur pargana and Tahsil Chail District Kaushambhi from one Kishan Lal resident of Sulempur. From a perusal of the record, it is clear that klshan Lal sold off his entire share in the land in dispute and petitioner paid stamp duty after assessing valuation thereof in accordance with law.

( 3 ) FROM a perusal of the report of Lekhpal it is clear that 3he land in dispute are situated on the boundaries of two villages. It is also not disputed that one of the village, namely, Jodhliwar is a non-residential village (Ger Chiragi) and further that the land in dispute is an agricultural plot and the same could not be utilised for purposes other than agricultural purpose. Proceedings under S. 47













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